F1 Overstay

[EmaJoe 0]

Your input would be greatly apprecited...Here is my dilemma

I came here on an F1 visa which recently expired along with my OPT in February 2009.

My husband is a US citizen--we were married last year November 2008.

In terms of adjusting my status, do you believe my 54 DAYS overstay will pose a major problems? Also, I have checked out the guide on how to file AOS, however, since my situation is a little sticky (F1 OVERSTAY)are there any special forms or measures that we need to take?

Thanks!

[christera22 8]

Any overstay is forgiven based on some factors. These are :

a) You enetered USA after being inspected by a POE officer.

B) The marriage to the USC has been entered on good faith and a good ongoing relationship is being maintained

c) You have not left USA until you have got your GC.

I think as like the rest of us , you wd be fine so long you can show a good bonafide & ongoing marriage. And dont leave USA until you dnt have your GC in hand, thats why i wd suggest no need to apply for a AP.

Edited April 8, 2009 by christera22

[EmaJoe 0]

Any overstay is forgiven based on some factors. These are :

a) You enetered USA after being inspected by a POE officer.

B) The marriage to the USC has been entered on good faith and a good ongoing relationship is being maintained

c) You have not left USA until you have got your GC.

I think as like the rest of us , you wd be fine so long you can show a good bonafide & ongoing marriage. And dont leave USA until you dnt have your GC in hand, thats why i wd suggest no need to apply for a AP.

Oh that is so comforting! Thank for your quick reply. Yes, my marriage is genuine and I entered the US legally. The only problem is my current status.

Do we just fill out the basic AOS forms: I-130, G-325a, I-485, I-864 and take a medical exam or do I need some kind of waiver form?

[Lili 3]

At your end of your OPT, there is a two months grace period for you to leave the country so you are technically still in status. (if the rules are the same!)

Fill all the forms that you mentioned. You can also file I-131(AP) and I-765(EAD).

[EmaJoe 0]

At your end of your OPT, there is a two months grace period for you to leave the country so you are technically still in status. (if the rules are the same!)

Fill all the forms that you mentioned. You can also file I-131(AP) and I-765(EAD).

Thanks Lili! Yeah, Ive heard this too, the 60-day-rule. I just want to cover my bases though, just in case this does not ring true. But if it is, and I am still in status, I probably will not make the deadline with sending out my package.

[pacificleye 4]

At your end of your OPT, there is a two months grace period for you to leave the country so you are technically still in status. (if the rules are the same!)

Fill all the forms that you mentioned. You can also file I-131(AP) and I-765(EAD).

Thanks Lili! Yeah, Ive heard this too, the 60-day-rule. I just want to cover my bases though, just in case this does not ring true. But if it is, and I am still in status, I probably will not make the deadline with sending out my package.

I would not bother filling I-131 if I were you becaUSE OF your OPT expiring. I would not try and travel before you get te GC in hand. The I-765 tho I would because you can still work with it while waiting for the GC...

[1500528 0]

my OPT expired March 31, i am applying tomorrow, should I mention in my cover letter that I am on grace period, I 485 part I got the expiration date on it

[SweetApple08 2]

my OPT expired March 31, i am applying tomorrow, should I mention in my cover letter that I am on grace period, I 485 part I got the expiration date on it

part 1, I would put Duration Of Status. That's what you have in your I-94. What does your last I-20 says until when you're allowed to stay?

[SweetApple08 2]

Your input would be greatly apprecited...Here is my dilemma

I came here on an F1 visa which recently expired along with my OPT in February 2009.

My husband is a US citizen--we were married last year November 2008.

In terms of adjusting my status, do you believe my 54 DAYS overstay will pose a major problems? Also, I have checked out the guide on how to file AOS, however, since my situation is a little sticky (F1 OVERSTAY)are there any special forms or measures that we need to take?

Thanks!

Yeap 60 day is your Grace Period. You can decide what you want to do withint this 60 day period. Your options are:

1. Go back Home

2. Apply to another school (you are allowed to have five months between degrees without taking classes).

You should be ok since your husband is USC. Just put everything together asap and get your GC. I am not applying for AP too I would be tempted to travel